gazzmg wrote: Hello all
Does the first test apply first or can you bypass the first test and be put into the support group based on exceptional circumstances
I think what i am trying to say does the first part for wrag considered first or are they considered separatley for the support group
its a bit confusing why they havent put the medication part reducing risk in the support group exceptional circumstances part for substantial risk
i hope i make sense
thanks in advance
Hi gm,
A claimant could be found to have Limited Capability for Work, (LCW) by qualifying under ESA Reg 29, but it may be deemed that there would not be any "Substantial Risk" if they were assessed not to have Limited Capability for Work Related Activity. (LCWRA)
In the above scenario they would be placed in The WRAG.
Obviously, if a claimant qualified under ESA Reg 35 in that they have LCWRA, and were therefore placed into The SG due to "Substantial Risk" they would also fulfill ESA Reg 29, as they would also have LCW.
ESA Reg 35 for entry to The SG (LCWRA) PLUS Post 28/01/13 Amendment of :
(3) In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity)(6), for sub-paragraph (b) substitute—
“(b)the claimant is-
(i)receiving treatment for cancer by way of chemotherapy or radiotherapy;
(ii)likely to receive such treatment within six months after the date of the determination of capability for work-related activity; or
(iii)recovering from such treatment,
and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or”.
From :
www.legislation.gov.uk/uksi/2012/3096/regulation/4/made bro58
